Trade marks - Sky v Skykick, The Final Chapter
Jane Lambert Chancery Division (Lord Justice Arnold) Sky Plc and others v Skykick UK Ltd and another [2020] EWHC 990 (Ch) (29 April 2020) On 23 May 2016 Sky PLC and its subsidiaries Sky AG and Sky UK Ltd. ("Sky") issued proceedings against Skykick UK Ltd and Skykick Inc.("Skykick") for infringement of their EU and UK trade marks and passing off. Skykick denied infringement and passing off and counterclaimed for declarations that the trade marks were wholly or partially invalid on the grounds that the specified goods and services were unclear and imprecise and the applications for those trade marks had been made in bad faith. The Proceedings The action and counterclaim came on for trial before Mr Justice Arnold as he then was. In Sky Plc and others v Skykick UK Ltd and another [2018] EWHC 155 (Ch), [2018] ETMR 23, [2018] RPC 5 the learned judge dismissed the claim for passing off but took the view that the trade marks would be in...